logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.10 2019구단3821
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 12, 2019, the Plaintiff, while under the influence of alcohol at 0.101% of alcohol level, driven a passenger car owned by the Plaintiff himself/herself, from the front of the lebry in the lebry in the Yaebri-Eup in the Pacific City to the front of the 1296 Western Choban-si road.

B. On August 1, 2019, the Defendant issued a disposition revoking Class 1 and Class 1 ordinary driver’s license (hereinafter “instant disposition”) against the Plaintiff on August 1, 2019, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of license.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 24, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion was that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the driving distance was relatively short, the Plaintiff’s self-driving is going against and again going against, and the Plaintiff is expected not to drive a motor vehicle. In light of the following: (a) while the Plaintiff is driving a motor vehicle, it is difficult to perform his duties when the Plaintiff’s driver’s license is revoked; (b) the Plaintiff’s spouse who is not good health needs to remain in the hospital; and (c) the Plaintiff needs to drive for that purpose; and (d) the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, or not, is an individual by objectively examining the content of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, etc., and thereby infringing the public interest.

arrow